LAHORE: Lahore High Court Chief Justice Sardar Muhammad Shamim Khan on Thursday suggested the family of Sahiwal incident’s victims to have an order issued for an inquiry through a judicial magistrate instead of the constitution of a judicial commission to probe into the killings.

A two-judge bench, headed by the chief justice, heard multiple petitions by family members of victims and some lawyers who challenged the establishment of a joint investigation team (JIT) and sought the formation of a judicial commission.

Suggesting a judicial inquiry to the petitioners, Chief Justice Khan said an inquiry by a judicial magistrate could be used in trial whereas a report by a judicial commission would have no such significance. At this, counsel of the victims’ family sought time to consider the option and the bench adjourned hearing till Feb 14.

Meanwhile, the bench directed JIT head Additional IG Syed Ijaz Hussain Shah to record statements of the witnesses presented by complainant Muhammad Jalil, brother of Muhammad Khalil who was gunned down in the Sahiwal ‘encounter’ along with his wife and a teenage daughter on Jan 19 by the Counter-Terrorism Department (CTD).

About the judicial commission, Additional Attorney General Chaudhry Ishtiaq Ahmad Khan said the prime minister had already sought a report from the Punjab government on investigation into the incident within 48 hours. He sought one week for the constitution of judicial commission be finalised by the federal government.

The bench allowed the time and also directed the JIT head to appear in person on the next hearing along with record of the case.

Mother of another deceased, Zeeshan, who had been dubbed as facilitator of terrorists by the police, also filed a petition for the constitution of a judicial commission. The bench would take up the petition on the next hearing. Also, the relatives of deceased Khalil appeared before the JIT and recorded their statements.

Those who submitted their written statements included Khalil’s brothers Jamil and Jalil, son Umair, daughter Muniba, and cousins Afzaal and Mohammad Saeed, according to Khalil’s relative Abid Ali.

He said Umair and Muniba recorded the same statements they had given to news channels shortly after the incident.

“Khalil’s family has asked the JIT to include 16 more cops, including senior police officers, other than those six those who are in police custody, in the investigation,” Mr Ali said.

He said the JIT head had already included then CTD Senior Superintendent of Police Jawad Qamar in the investigations and recorded his statement as well.Additional IG Police Ijaz Hussain Shah said that he would provide justice to the Khalil’s relatives, Mr Ali said, adding the Punjab government’s spokesperson also assured them that merit would prevail.

Published in Dawn, February 8th, 2019

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